Federal Register / Vol. 71, No.
10 / Tuesday, January 17, 2006 / Notices 2615
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and
(e) Estimates of capital or startup costs
and costs of operation, maintenance,
and purchase of services to provide
information.
Dated: January 9, 2006.
Stuart Feldstein,
Assistant Director, Legislative and Regulatory
Activities Division.
[FR Doc. E6–405 Filed 1–13–06; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF VETERANS
AFFAIRS
VA Directive and Handbook 5021,
Employee/Management Relations
Department of Veterans Affairs.
AGENCY:
Notice with request for
ACTION:
comments.
SUMMARY: Section 302 of the Veterans
Health Care, Capital Asset and Business
Improvement Act of 2003 (Pub. L. 108–
170), dated December 6, 2003,
authorizes the Secretary of Veterans
Affairs to appoint chiropractors as
permanent full-time title 38 employees
under 38 U.S.C. 7401(1). Also appointed
under this authority are physicians,
dentists, podiatrists, optometrists,
nurses, nurse anesthetists, physician
assistants and expanded-function dental
auxiliaries. Upon successful completion
of probationary status as required by 38
U.S.C. 7403(b), these title 38 employees
may file an appeal to a Disciplinary
Appeals Board if they are subjected to
major adverse action that is based in
whole or in part on a question of
professional conduct and competence.
As part of its implementation of
Public Law 108–170, the Department of
Veterans Affairs proposes to revise its
Directive and Handbook 5021,
Employee/Management Relations, to
clarify that chiropractors now have the
same right to appeal major adverse
actions to Disciplinary Appeal Boards
and grieve certain actions as other title
38 employees. The revisions that are the
subject of this notice will amend
portions of the following regulations:
VA Directive 5021, Appendix A,
sections A.3, B.1.b.(1), B.2.b, B.2.c.,
sroberts on PROD1PC69 with NOTICES
B.4.a–d., and B.4.f. The revisions also
would amend the following portions of
VA Handbook 5021: Part 1, Chapter 3,
section 3.a.; Part III, Chapter 1, section
1, third note to section 2., and sections
VerDate Aug<31>2005 15:57 Jan 13, 2006 Jkt 208001
3.a., and 3.h.(5); and Part IV, Chapter 3
(title), sections 1.b.(1), 2.b. and 2.c. In
some of these sections, the word
‘‘chiropractors’’ has been added to a
listing of occupations appointed under
38 U.S.C. 7401(1). In the other sections,
Public Law 108–170 has been added to
an existing list of statutory references. In
all cases, the words or phrases that are
proposed to be added to the regulations
are shown in brackets. Only those
sections of the existing regulations that
contain proposed changes are included
in this notice.
DATES: Comments must be received on
or before February 16, 2006. The
proposed effective date of these
amendments is 30 days after publication
of this notice.
ADDRESSES: Send written comments to:
Director, Regulations Management
(00REG1), Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420.
FOR FURTHER INFORMATION CONTACT:
Larry Ables, Director, Employee
Relations and Performance Management
Service, Department of Veterans Affairs,
Office of Human Resources Management
and Labor Relations (051), 810 Vermont
Avenue, NW., Washington, DC 20420.
Mr. Ables may be reached at (202) 273–
9827.
SUPPLEMENTARY INFORMATION: Title 38
U.S.C. 7461(e) requires that ‘‘[w]henever
the Secretary proposes to prescribe
regulations [relating to Disciplinary and
Grievance Procedures] under this
subchapter, the Secretary shall publish
the proposed regulations in the Federal
Register for notice and comment not
less than 30 days before the day on
which they take effect.’’
Proposed Revisions to VA Directive
5021, Employee/Management Relations
Appendix A. Disciplinary and
Grievance Procedures
Section A. Disciplinary and Major
Adverse Actions
3. Definitions. Unless otherwise
noted, the following definitions apply to
this appendix only.
a. [Admonishment. An official letter
of censure to an employee for minor
act(s) of misconduct or deficiency in
competence. This letter normally
remains in the employee’s personnel
folder for two years].
b. [Discharge. The involuntary
separation of an employee from
employment based on conduct or
performance].
c. [Disciplinary Actions. These are
adverse actions, other than major
adverse actions, which include
PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\17JAN1.SGM
admonishment and reprimand based on
conduct or performance].
d. [Disciplinary Appeals Board. The
three member board designated to hear
an employee’s appeal of a major adverse
action which is based in whole or in
part on a question of professional
conduct or competence].
e. [Grade. The established grades for
the positions covered by this chapter
will be as defined by 38 U.S.C. 7404,
and the qualification standards issued
pursuant to 38 U.S.C. 7402. (See part II
of VA Handbook 5005, Staffing.)]
f. [Major Adverse Actions. These are
suspension, transfer, reduction in grade,
reduction in basic pay, and discharge
based on conduct or performance].
g. [Mixed Case. This is a case that
includes both (1) a major adverse action
arising out of (or including) a question
of professional conduct or competence,
and (2) a major adverse action which
does not arise out of a question of
professional conduct or competence, or
a disciplinary action].
h. [Professional Conduct or
Competence. A question of professional
conduct or competence involves direct
patient care and/or clinical competence.
The term clinical competence includes
issues of professional judgment].
i. [Reduction in Basic Pay. The
involuntary reduction, based on
conduct or performance, of the annual
rate of basic pay to which an employee
is entitled under 38 U.S.C. 7404,
including above minimum entrance
rates and special salary rates authorized
under 38 U.S.C. 7455. This does not
apply to reductions in pay other than
basic pay, such as the loss of physician
or dentist special pay or head nurse
differential, other differentials,
allowances or premium pay such as
standby, on-call, shift, overtime,
Sunday, holiday, night work, hazardous
duty, and interim geographic
adjustment].
j. [Reduction in Grade. The
involuntary assignment to a lower grade
on the same pay schedule based on
conduct or performance].
k. [Reprimand. An official letter of
censure to an employee for an act of
misconduct or deficiency in
competence. A reprimand is a more
severe disciplinary action than an
admonishment. This letter normally
remains in the employee’s personnel
folder for three years].
l. [Suspension. The involuntary
placement of an employee, for
disciplinary reasons, in a non-duty,
non-pay status for a temporary period of
time].
m. [Transfer. The involuntary
movement of an employee from one VA
facility to another (under separate
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 2616 Federal Register / Vol. 71, No. 10 / Tuesday, January 17, 2006 / Notices
managerial authority) based on conduct
or performance and without a break in
service].
Authority: 38 U.S.C. 501(a), 7421.
Section B. Grievances
1. Scope and Authority.
* * * * * other action affecting another
b. Employee Coverage
(1) This section applies to all
physicians, dentists, podiatrists,
optometrists, [chiropractors,] nurses,
nurse anesthetists, physician assistants,
and expanded-function dental
auxiliaries who are not on time-limited
appointments.
* * * * * Chapter 3. Adverse Actions
2. References.
* * * * * 3. Employees Excluded
b. [Section 302 of the Veterans
Healthcare, Capital Asset and Business
Improvement Act of 2003 (Pub. L. 108–
170].
[c.] 38 U.S.C. 501(a), 7421, [ ] 7461–
7464.
* * * * *
4. Definitions.
a. [Bargaining Unit Employee. An
employee included in an appropriate
unit, pursuant to 5 U.S.C. 7112 and
7135, for which a labor organization has
been accorded exclusive recognition].
b. [Decision Official. An official
designated to (1) receive and attempt to
adjust formal grievances; (2) refer formal
grievances for further review and
inquiry; and (3) decide formal
grievances based on the results of
impartial reviews and
recommendations].
c. [Employee. Any physician, dentist,
podiatrist, chiropractor, optometrist,
nurse, nurse anesthetist, physician
assistant, or expanded-function dental
auxiliary covered in the scope of this
section. Former employees of the VA are
also included, but only in connection
with a grievance over discharges or
actions resulting in loss of pay or
benefits (for example, a former
employee charged with 8 hours absence
without leave (AWOL) who has
requested that the 8 hours of pay be
restored). Former employees must have
filed a timely grievance in accordance
with the provisions of this appendix in
order to receive consideration].
d. [Grievance. A request by an
employee, or group of employees, for
personal relief in a matter of concern or
dissatisfaction relating to employment
which is subject to the control of agency
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VerDate Aug<31>2005 15:57 Jan 13, 2006 Jkt 208001
management. Matters not covered by the
grievance procedure may be found in
paragraph 14 of this section].
* * * * * justified. Officials identified in
f. [Personal Relief. A specific remedy
directly benefiting the grievant, but may
not include a request for disciplinary or
employee].
Authority: 38 U.S.C. 501(a), 7421, [ ] 7461–
7464.
Proposed Revisions to VA Handbook
5021, Employee/Management Relations
Part I. Disciplinary and Adverse Actions
Under Title 5
a. Physicians, dentists, nurses, nurse
anesthetists, expanded-function dental
auxiliaries, physician assistants,
podiatrists, [chiropractors,]
optometrists, and other health care
professionals appointed under 38 U.S.C.
74 (see part II of this handbook).
Part III. Probationary Period Actions
Chapter 1. Title 38 Probationary
Employees
1. Scope. This chapter contains the
policy and procedures needed for taking
actions against title 38 employees
serving on a probationary period under
38 United States Code (U.S.C.) 7403(b)
in the Department of Veterans Affairs
(VA). This includes employees
appointed under 38 U.S.C. 7401(1), i.e.,
physicians, dentists, podiatrists,
[chiropractors,] optometrists, nurses,
nurse anesthetists, physician assistants,
and expanded-function dental
auxiliaries. The Under Secretary for
Health’s designee refers to a designee in
the VA Central Office. This chapter does
not apply to employees appointed under
38 U.S.C., chapter 3, 38 U.S.C. 7306, 38
U.S.C. 7401(3), 38 U.S.C. 7405 or 38
U.S.C. 7406.
2. Responsibilities.
* * * * * b. [Section 302 of the Veterans
* * *
* * *
For podiatrists, [ ] optometrists, [and
chiropractors,] the appropriate service chief
is the authorizing official; however, the
review will be conducted by the VA Central
Office Professional Standards Board.
* * * * *
3. Summary Board Reviews.
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a. Purpose. Summary reviews are
limited to situations where summary
separation from Federal service may be
paragraph 2a–2e [ ] are responsible for
deciding whether to conduct a summary
review of an employee’s services.
Supervisors may initiate requests for
summary reviews at any time during the
probationary period.
* * * * *
h. Action on Board
Recommendations.
* * * * *
(5) Separations Requiring VHA
Approval/Review. All field facility
recommendations for separation during
probation requiring VHA summary
review or approval (e.g., actions related
to facility directors and requests for
summary reviews for podiatrists, [ ]
optometrists, [chiropractors]) are to be
sent through the appropriate Network
(10N/051). The material forwarded will
include the Director’s recommendation
(where appropriate) and any other
applicable comments; VA Form 10–
2543, Board Action, (in duplicate); one
copy of all related documents, including
one copy of all Proficiency Reports
prepared during the probationary
period; and the employee’s personnel
folder.
* * * * *
Part IV. Probationary Period Actions
Chapter 3. Title 38 Grievances
1. Scope and Authority.
* * * * *
b. Employee Coverage.
(1) This chapter applies to all
permanent and probationary physicians,
dentists, podiatrists, [chiropractors,]
optometrists, nurses, nurse anesthetists,
physician assistants, and expanded-
function dental auxiliaries.
* * * * *
2. References.
* * * * *
Healthcare, Capital Asset and Business
Improvement Act of 2003 (Pub. L. 108–
170)].
[c.] 38 U.S.C. 501(a), 512(a), 7421, [ ]
7461–7464.
Dated: January 10, 2006.
R. James Nicholson,
Secretary of Veterans Affairs.
[FR Doc. E6–393 Filed 1–13–06; 8:45 am]
BILLING CODE 8320–01–P
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